Condominium Defects in the Carolinas

This column was written by my law partner Greg Shelton. Condominium owners associations (COAs) are usually responsible for maintaining and repairing roofs, exterior walls, and other building envelope components. If the building envelope has not been designed or constructed properly, water will find its way into the building and attack studs, sheathing, and other structural […]

Rules of the Road for HOAs

Ed. note: this article was written by my associate Ben Karb We frequently are asked by our HOA (homeowners’ association) clients to review their rules and regulations. Boards are often granted the authority to adopt rules by the HOA’s governing docum`ents, and even if not, North Carolina statutes authorize boards to enact rules and regulations. […]

Who Pays?

This column was written by Allen Norwood, a columnist with the Charlotte Observer.  It was published in the Observer’s “Home|Design” section on March 19, 2019, and is re-printed here with permission. As parts of the Southeast struggle in the wake of powerful storms, consider: Who would be responsible for repairing damage if a tree fell […]

What is “Fiduciary Duty”?

The directors and officers of a homeowners’ association (HOA) are said to have a “fiduciary duty” to the members of the association that they serve. What exactly does that mean, and what do those directors and officers need to be aware of? In basic terms, a fiduciary is someone entrusted to make decisions on behalf […]